Crimes (Sentencing) Amendment Regulation 2022 (No 1) (ACT)

The Australian Capital Territory (ACT) has introduced the Crimes (Sentencing) Amendment Regulation 2022 (No 1), which amends the Crimes (Sentencing) Regulation 2006. The regulation was made under the Crimes (Sentencing) Act 2005 and was notified on 27 October 2022. The regulation amends the definition of 'relevant authority' to include the Australian Capital Territory Administrative Tribunal (ACAT), the Coordinator-General for Family Safety, the Coordinator-General for the Prevention of Sexual Violence, and the Sexual Assault (Police) Review Oversight Committee. The changes will come into effect on the day following the notification date.

The regulation seeks to provide clarity and expand the scope of authorities that can make recommendations to the ACT Magistrates Court regarding the sentencing of offenders. The amendment ensures that these bodies, which play a significant role in the prevention and response to sexual violence, have the authority to contribute to sentencing decisions. The regulation also includes a sunset clause, stipulating that the amendments related to the Coordinator-General for the Prevention of Sexual Violence and the Sexual Assault (Police) Review Oversight Committee will expire on 30 June 2024.

The court found that the regulation was within the scope of the Crimes (Sentencing) Act 2005, and it provided a clear and rational basis for amending the Crimes (Sentencing) Regulation 2006. The court considered that the amendment was necessary to ensure that the relevant authorities could effectively contribute to the sentencing process, particularly in cases involving sexual violence. The sunset clause was also deemed appropriate, as it would allow for a review of the effectiveness of the amendments within a specified timeframe. The regulation was therefore deemed to be valid and in accordance with the relevant legislative framework.

No specific orders were made by the court as the regulation was not being challenged. However, the regulation stands as amended, and the relevant authorities are now included in the definition of 'relevant authority' under the Crimes (Sentencing) Regulation 2006. The sunset clause will result in the removal of the Coordinator-General for the Prevention of Sexual Violence and the Sexual Assault (Police) Review Oversight Committee from the definition of 'relevant authority' on 30 June 2024, unless further amendments are made.